National Union Fire Insurance Company of Pittsburgh, PA et al v. MGA Entertainment, Inc. et al

Filing 11

(IN CHAMBERS):ORDER TO SHOW CAUSE by Judge David O. Carter, WHY THESE CASES SHOULD NOT BE COMBINED AND SETTING STATUS CONFERENCE: Before the Court are two cases filed against the same Defendants, MGA Entertainment Inc. And Isaac Larian (Defendants): (1) National Fire Insurance Company et al. v. MGA Entertainment Inc. et al., SA CV 12-0943-DOC(RNBx)(12-0943); and (2) Evanston Insurance Company v. MGA Entertainment Inc. et al., SA CV 12-5654-DOC(RNBx)(12-5654). (See document for furhter details.) Court ORDERS Plaintiffs to SHOW CAUSE why these cases should not be combined. Plaintiff shall file a response to this Order of no more than 4 pages on or before August 22, 2012. Failure to file a response to this Order shall be deemed consent to cons olidating these cases. If any of the Defendants in these three actions wishes to file a response to this Order or a reply to Plaintiffs response, they must do so in a brief of no more than 4 pages on or before August 23, 2012. Failure to file shall b e deemed consent to consolidating these cases. The Court also SCHEDULES a status conference at which all parties in both cases shallappear before this Court on August 24, 2012, at 10:30 a.m.If no party files a brief opposing consolidation by the deadlines imposed herein, thenthis Court ORDERS that, after the status conference on August 24, 2012: (See document for details.) (rla)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No. SA CV 12-0943-DOC(RNBx)

Date: August 20, 2012

SA CV 12-5654-DOC(RNBx)
Title: NATIONAL UNION FIRE INSURANCE COMPANY ET AL. V. MGA ENTERTAINMENT INC. ET
AL.; EVANSTON INSURANCE COMPANY V. MGA ENTERTAINMENT INC. ET AL.

PRESENT:
THE HONORABLE DAVID O. CARTER, JUDGE
Julie Barrera
Courtroom Clerk

Not Present
Court Reporter

ATTORNEYS PRESENT FOR PLAINTIFFS: ATTORNEYS PRESENT FOR DEFENDANTS:
NONE PRESENT

NONE PRESENT

PROCEEDING (IN CHAMBERS): ORDER TO SHOW CAUSE WHY THESE CASES SHOULD
NOT BE COMBINED AND SETTING STATUS CONFERENCE
Before the Court are two cases filed against the same Defendants, MGA Entertainment
Inc. And Isaac Larian (“Defendants”): (1) National Fire Insurance Company et al. v. MGA
Entertainment Inc. et al., SA CV 12-0943-DOC(RNBx)(“12-0943”); and (2) Evanston Insurance
Company v. MGA Entertainment Inc. et al., SA CV 12-5654-DOC(RNBx)(“12-5654”).
The Court is intimately familiar with the factual predicate of these cases, which appear to
share the: (1) same causes of action for reimbursement and unjust enrichment against Defendants as
insureds of Plaintiffs; and (2) some factual allegations against Defendants regarding their activities in
the underlying litigation. The Court previously resolved, in a single case, several disputes between
Plaintiffs and Defendants regarding the underlying action. See MGA Entertainment Inc. et al. v
Hartford . , SA CV 08-0457-DOC(RNBx).
Accordingly, the Court ORDERS Plaintiffs to SHOW CAUSE why these cases should
not be combined. Plaintiff shall file a response to this Order of no more than 4 pages on or before
August 22, 2012. Failure to file a response to this Order shall be deemed consent to consolidating
these cases.
If any of the Defendants in these three actions wishes to file a response to this Order or a
reply to Plaintiff’s response, they must do so in a brief of no more than 4 pages on or before August
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23, 2012. Failure to file shall be deemed consent to consolidating these cases.
The Court also SCHEDULES a status conference at which all parties in both cases shall
appear before this Court on August 24, 2012, at 10:30 a.m.
If no party files a brief opposing consolidation by the deadlines imposed herein, then
this Court ORDERS that, after the status conference on August 24, 2012:
•

The following two cases are consolidated into one: (1) National
Fire Insurance Company et al. v. MGA Entertainment Inc. et al.,
SA CV 12-0943-DOC(RNBx)(“12-0943”); and (2) Evanston
Insurance Company v. MGA Entertainment Inc. et al., SA CV 125654-DOC(RNBx)(“12-5654”).

•

The heading of the consolidated case shall be National Fire
Insurance Company et al. v. MGA Entertainment Inc. et al., SA
CV 12-0943-DOC(RNBx).

•

On or before August 29, 2012, Plaintiffs shall file an Amended
Complaint in the consolidated case that shall include all defendants
that Plaintiffs intend to keep in the consolidated case

•

On or before September 26, 2012, all defendants in the
consolidated case shall file an Answer to the Amended Complaint

•

Any motions, pleadings, or answers filed prior to consolidation on
August 24, 2012, shall be struck and must be refiled to be
considered by this Court.

The Clerk shall serve a copy of this minute order on counsel for all parties in this action.

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